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HomeMy WebLinkAboutM121791:~.. December 17, 1991 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, Mclnturf, McLaughlin and Chair Dolan present. William H. Randolph, chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. 91-565 Items removed from the Consent Agenda for Board consideration and action. 1. Butte County Fire Department - the Palermo Volunteer Fire Company (Company 72) has offered a donation of $2,000 to the County for the purchase of pagers - action requested - ACCEPT DONATION AND AUTHORIZE THE CHAIR TO SIGN. 2. Introduction of a salary ordinance amendment making adjustments to classification titles, compensation and allocation of positions pursuant to the Classification and Compensation Study conducted by Nash and Company and implemented in April, 1991 - action requested - WAIVE READING OF THE ORDINANCE. 3. City of Gridley/County of Butte - the proposed memorandum of understanding expands the hours of the County Branch Library in Gridley beyond the hours funded in the County budget. The $7,000 offered by the Gridley City Council will allow the branch to be open on Saturday mornings and one additional evening each week - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 380 December 17, 1991 91-565 December 17, 1991 4. State Department of Health Services - proposed is a letter of intent requesting a continuation of the Health Department's small public water supply inspections effective July 1, 1992. The State will be responsible for fee collection under the program, and will forward the collected fees to the County, who will perform the actual inspections - action requested - APPROVE LETTER OF INTENT AND AUTHORIZE THE CHAIR TO SIGN. 91-566 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF DECEMBER 3, 1991. 2. Minutes of November 19, 1991 - action requested - AMEND MINUTE ORDER 91-524 TO READ SECOND YEAR RENEWAL OF THE CONTRACT WITH NATIONAL HOMECARE SYSTEMS. 3. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-46 (MENTAL HEALTH), B-4$ (PLANNING}, B- 49 {SHERIFF-SPECIAL ENFORCEMENT UNIT), B-50 (COUNTY COUNSEL), B-51 (FIRE-VOLUNTEER), B-52 {CSA 130- RTCHARDSON SPRINGS), B-53 {PUBLIC WORKS-EQUIPMENT), B-54 {AIR POLLUTION CONTROL), AND B-55 (PUBLIC WORKS-ROAD CONSTRUCTION). 4. County library donations - in accordance with Government Code Section 25355, donations of $5,000 from Paradise Friends of the Library, and $200 from Chico Friends of the Library have been received for the Butte County trust fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. Durham Mosquito Abatement District - action requested - REAPPOINT STEVEN D. JONES, DALE ANTONOWICH AND DON BOLLERUD TO SERVE UNTIL DECEMBER 31, 1993. 6. Oroville Cemetery District - action requested - REAPPOINT JIM MOLL TO SERVE UNTIL JANUARY 1, 1996. 7. Oroville Wyandotte Irrigation District - proposed is a property tax exchange agreement for the Padget annexation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 381 December 17, 1991 a' 91-566 December 17, 1991 8. Annexation to County Service Area No. 96 {Silver Tree Storm Drain and Street Light Maintenance District) - the Local Agency Formation Commission has approved the annexation of 4.8 acres to CSA No. 96 (Silver Tree Storm Drain and Street Light Maintenance District} for storm drainage and street lighting maintenance pursuant to Government Code Section 25210.14 - action requested - ADOPT RESOLUTION 91-153 AND AUTHORIZE THE CHAIR TO SIGN. 9. Buildings and Grounds - metal shop building - the Purchasing Department received and opened bids for a metal shop building to be erected at 2279 Del Oro Avenue, Oroville. The bids have been evaluated and the lowest bid meeting specifications is DML Construction, Orland, in the amount of $27,689 - action requested - AWARD BID. 10. Fire Department - Board authorization is requested for the purchase of four Monitor II pagers with the donation of $2,000 from the Palermo Volunteer Fire Company (Company 72}. Budget transfer B-51 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 11. Fire Department - Board authorization is requested for the purchase of afire engine triple combination pumper approved in the budget for volunteer company 37 pursuant to State of California and Butte County Fire Department specifications. The purchase is proposed pursuant to State Office of Procurement Purchase Order #6394 which has been awarded to Westates Truck Equipment Corporation of Woodland in the bid amount of $142,266.05, including tax. The purchase price includes a cab and chassis which was bid on a competitive basis in the amount of $54,485 - action requested - AUTHORIZE PURCHASE OF FIRE ENGINE UNDER THE STATE CONTRACT FROM WESTATES TRUCK EQUIPMENT CORPORATION. 12. Public Works - striping paint is now supplied in 55 gallon drums instead of five gallon cans. Board authorization is requested to purchase a custom fabricated, one ton crane far handling the 55 gallon drums of striping paint in the estimated amount of $5,000. Budget transfer B-53 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. Page 382 December 17, 1991 91-566 December 17 1991 13. Sheriff - Board authorization is requested for the purchase of two deputy sheriff vehicles, appropriately equipped, in the maximum amount of $32,761 pursuant to the law enforcement agreement with the City of Biggs approved by the Board on December 3, 1991. Budget transfer B-49 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 14. County appropriation limit calculation - the Auditor-Controller submits a letter from County auditors, Bartig, Basler & Ray, Certified Public Accountants, on review of the County's appropriation limit calculation - action requested - ACCEPT FOR INFORMATION. 15. County Service Area No. 130 (Richardson Springs) loan - a resolution has been prepared to authorize a $1,127 loan to CSA No. 130 (Richardson Springs) from the CSA revolving loan fund. Budget transfer B-52 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 91-154 AND AUTHORIZE THE CHAIR TO SIGN. 16. Impound of property tax collections - Viacom Corporation is expected to appeal increased property tax assessments levied as a result of its last change of ownership and methodology with regard to the assessment process during the previous five years. The Auditor-Controller is requesting Board approval to impound the proceeds from those assessments until the outcome of the appeals or possible litigation is more clear. The impound will not affect current year revenue estimates - action requested - APPROVE IMPOUND OF PROPERTY TAX COLLECTIONS FROM VIACOM CORPORATION. 17. Health and Welfare Trust Funds (AB 1288) - Welfare and Institutions Code Section 17600.].0 requires the County to establish and maintain local Health and Welfare trust fund accounts for Mental Health, Social Services and Public Health. The Auditor- Controller requests that the Board establish trust funds 17x0, 1720, and 1740 and designate the funds as non-interest bearing with any interest to accrue to the General Fund (F0010) - action requested - APPROVE ESTABLISHMENT OF FUNDS AS REQUESTED. Page 383 December 17, 1991 91-566 December 17. 1991 18. Adoption of a salary ordinance amendment - Probation Department - proposed as a result of recent grant funding through the County Schools Star Program and Mental Health Drug and Alcohol Youth Services Program is the establishment of two half-time, flexibly staffed probation officer II/I positions - action requested - ADOPT ORDINANCE 2971 AND AUTHORIZE THE CHAIR TO SIGN. 19. Adoption of an ordinance amending Section 19-12 of the Butte County Code pertaining to lot size requirements for septic tank systems as to certain subdivision lots created prior to July 1, 1949 - action requested - ADOPT ORDINANCE 2972 AND AUTHORIZE THE CHAIR TO SIGN. 20. Adoption of an ordinance amending Section 10-9 of Chapter 10 of the Butte County Cade entitled "Exceptions to Prohibitions" - action requested - ADOPT ORDINANCE 2973 AND AUTHORIZE THE CHAIR TO SIGN. 21. Introduction of a salary ordinance amendment allocating two additional deputy sheriff positions to the Sheriff's Department - Special Enforcement Unit pursuant to the law enforcement agreement with the City of Biggs approved by the Board on December 3, 1991 - action requested - WAIVE READING OF THE ORDINANCE. 22. Resolution honoring Margaret Mitzel, Director- Welfare Services, upon her retirement effective December 31, 1991 - action requested - ADOPT RESOLUTION 91-155 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution extending terms of existing Memorial Hall Committees to June 30, 1992, and amending Article 1, paragraph 4, of the Regulations Governing Memorial Ha11s to reflect fiscal year terms of committees to run concurrently with terms of commanders - action requested - ADOPT RESOLUTION 91-156 AND AUTHORIZE THE CHAIR TO SIGN. 24. Bell Road, Chico, AP 42-59-64, one foot no access strip - Board authorization is requested for access to a single family dwelling across that certain one foot no access strip contiguous to lot 8, Wildflower Estates subdivision map (Book 118 of Maps, pages 12 through 14) - action requested - APPROVE PUBLIC ACCESS ACROSS THAT CERTAIN ONE FOOT NO ACCESS STRIP AS SHOWN ON THE WILDFLOWER ESTATES SUBDIVISION MAP. Page 384 December 17, 1991 91-566 December 17, 1991 25. Contract change order no. 2 and notice of completion for traffic signal installation at the intersections of East Avenue at Cusick Avenue, East Avenue at Ceres Avenue and Esplanade at Eaton Road, County contract no. TR-SIG-91-1 - contract change order no. 2 in the increasing amount of $3,399.03 provides for increasing the road width of the southwest corner of the Esplanade at Eaton Road. Budget transfer B- 55 has been prepared to provide funding for this change order and contract change order no, 1 previously approved - action requested - APPROVE CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT PROJECT; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 26. Assignment of counsel - County Counsel proposes assigning Odenweller v. County of Butte to the law firm of Marsh, Marsh, Volpe and Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 27. Remy and Thomas - proposed is a renewal of an agreement to retain attorney services for a term of one year for actual legal services performed in the maximum amount of $175 per hour - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Director-Welfare Services - proposed is an employment contract with Patricia S. Cragar for a period of four years commencing January 1, 1992 with annual compensation of $70,408 -action requested - APPROVE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUTHORIZE THE CHAIR TO SIGN. 29. Michael Clayton & Associates - rezone and General Plan Amendment application for Elizabeth Metzger, AP 039-250-030 - proposed is a contract for the preparation of an environmental impact report in the maximum amount of $35,190. The applicant has deposited the required funds -- action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 30. Enforcement Assistance Grant Application -California Integrated Waste Management Board - proposed is a resolution authorizing an enforcement assistance grant application in the amount of $18,142 from 100 percent funds to support local solid waste landfill permit and inspection programs. These funds will be utilized to cover staff and operating expenses assigned to this program - action requested - ADOPT RESOLUTION 91-157 AND AUTHORIZE THE CHAIR TO SIGN. Page 385 December 17, 1991 91-566 December 17 1991 31. Teresa Wood-Hansen and Nancy Agliolo - proposed are agreements for the provision of therapy services to children seen in the Medical Therapy Unit of the California Children's Service Program for fiscal year 1991/92 in the maximum amount of $18,000. These therapy services are funded by State and County matching funds - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 32. Butte Community College - Options for Recovery Foster Parent Training - proposed is a one year agreement commencing January ~., 1992 in the maximum amount of $10,000 which provides the foster care education training component of the Options for Recovery Grant. This grant is part of a three year pilot program in a five county region that provides services for substance abusing mothers and women in recovery and their children ages 0 - 3 years ald. Butte Community College will develop and deliver a training program consisting of 36 hours of instruction which will be repeated once, for a total of 72 hours of instruction - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. Enloe Hospital - Options for Recovery Nursing Services - proposed is a one year agreement commencing January 1, 1992 in the maximum amount of $14,400 to provide a .30 full time employee nurse to work with the Butte College instructor to develop the curriculum for training foster parents who work with medically fragile infants. The nurse will also help the foster parent recruiter to certify and license faster homes for the Options Program, and provide in-home, individualized training to foster parents with medically fragile infants - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 34. Special Election - City of Oroville and Town of Paradise - request Board direction to the County Clerk-Recorder to conduct a Special Recall/Municipal Election to be held on March 31, 1992 - action requested - BOARD DIRECTION AS REQUESTED. MOTION: APPROVE CONSENT AGENDA WITH THE AMENDMENT OF ITEM 3.31 TO INCLUDE "SUBJECT TO COUNTY COUNSEL REVIEW" , AND REMOVAL OF ITEMS 3.0 4 , 3.2 3 , 3.2 8 , AND 3.34. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 386 December 17, 1991 91-555 December 17, 1991 (SUPERVISOR ROUX ABSTAINED FROM VOTING ON ITEMS 3.01 (MINUTES OF DECEMBER 3, 1991}, AND 3.02 {AMENDMENT TO MINUTES OF NOVEMBER 19, 1991} ReQUlar Agenda 91-567 Items removed from the Consent Agenda for Board consideration and action. 1. Butte County Fire Department - the Palermo Volunteer Fire Company (Company 72) has offered a donation of $2,000 to the County for the purchase of pagers - action requested - ACCEPT DONATION AND AUTHORIZE THE CHAIR TO SIGN. 2. City of Gridley/County of Butte -- the proposed memorandum of understanding expands the hours of the County Branch Library in Gridley beyond the hours funded in the County budget. The $7,000 offered by the Gridley City Council will allow the branch to be open on Saturday mornings and one additional evening each week - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO ACCEPT DONATION; APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE LETTERS OF APPRECIATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. State Department of Health Services - proposed is a letter of intent requesting a continuation of the Health Department's small public water supply inspections effective July 1, 1992. The State will be responsible for fee collection under the program, and will forward the collected fees to the County, who will perform the actual inspections - action requested - APPROVE LETTER OF INTENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO APPROVE LETTER OF INTENT AND AUTHORIZE THE CHAIR TO SIGN. FURTHER, TO DIRECT DR. WARD TO DRAFT A LETTER REQUESTING ASSEMBLYMAN COSTA AND LOCAL LEGISLATORS TO RECTIFY THE FORMULA INEQUITIES CONTAINED IN AB 27.58, WHICH SETS THE FEES FOR SMALL PUBLIC WATER SUPPLY INSPECTIONS, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 387 December 17, 1991 91.-567 December 17,,,, 1991, ~. Introduction of a salary ordinance amendment making adjustments to classification titles, compensation and allocation of positions pursuant to the Classification and Compensation Study conducted by Nash and Company and implemented in April, 1991 - action requested - WAIVE READING OF THE ORDINANCE. MOTION: MOVE TO WAIVE READING OF THE ORDINANCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91--568 Appointments - commissions and committees. a. Appointments to committee vacancies. MOTION: MOVE TO APPOINT MILTON J. LAMALFA TO DRAINAGE DISTRICT NO. 200, AND AUDREY STEVENS TO RTCHVALE SANITARY DISTRICT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) b. Butte County Interagency Children's Services Coordinating Council - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO ADOPT RESOLUTION 91-158 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-569 Presentation by Robert Watkins, District 3 Director, Caltrans, of a participation plaque for Excellence in Transportation Facilities 1991 (Cohasset Road}. (383) (PRESENTATION BY ROBERT WATKINS, DISTRICT 3 DIRECTOR, CALTRANS, TO BILL CHEFF, PUBLIC WORKS DIRECTOR, ON BEHALF OF HIS ENGINEERING CONSTRUCTION STAFF, OF A PARTTCTPATTON PLAQUE FOR EXCELLENCE FOR THE COHASSET ROAD PROJECT. SUPERVISOR McINTURF ADVISED THE BOARD THAT BILL CHEFF, ON BEHALF OF THE PUBLIC WORKS DEPARTMENT, RECENTLY RECEIVED THE NORTHERN CALIFORNIA COUNTY ENGINEERS' GOLDEN GRADER AWARD FOR THE COUNTY WITH THE LEAST AMOUNT OF LDST TIME ACCIDENTS) 91-570 Presentation of resolution honoring Margaret Mittel, Director--Welfare Services upon her retirement. (450} (PRESENTATION BY CHAIR DOLAN TO MARGARET MITZEL, DIRECTOR-WELFARE SERVICES, UPON HER RETIREMENT) 91-571 Introduction of Patricia Cragar, Director-Welfare Services. (578} (INTRODUCTION OF PATRTCIA CRAGAR, DIRECTOR-WELFARE SERVICES) Page 388 December 17, ].991 December 17 1991 91-572 Closed hearing - Roger Green on behalf of Green Rock Quarries - consideration of an appeal of the Planning Commission's denial of a use permit/mining permit/reclamation plan (draft environmental impact report has been prepared) to extend the period of operation on the existing mining permit to 50 years and allow the use of explosives on property zoned "U" (unclassified), property located on T24N, R3E, Section 12, MDB&M, at the end of Coal Canyon Road, at the base of Table Mountain, AP 041-140-014, 028, 320, 034; 041- 160-031, 037, 039, 044, 045; 041-210-045, north Oroville. (620) MOTION: MOVE TO UPHOLD THE APPEAL OF GREEN ROCK QUARRY {ROGER GREEN) SUBJECT TO THE FOLLOWING AMENDMENTS AND CONDITIONS IN ADDITION TO THE CONDITIONS AND MITIGATION MEASURES CONTAINED IN THE STAFF MEMORANDUM DATED NOVEMBER 18, 1991. 1. THE EXPIRATION OF THE USE PERMIT WILL BE DECEMBER 31, 1996.; 2. THE ROCK PLANT AND CRUSHER ARE TO BE LOCATED IN RECLAMATION CELLS 1, 2 AND 15 AS SHOWN ON THE SITE PLAN SUBMITTED FOR THE ORIGINAL USE PERMIT (ATTACHED AS APPENDIX "B", SITE PLAN) OR ENTIRELY ON RECLAMATION CELL 15 AS COMPLETION OF RECLAMATION CELLS 1 AND 2 DICTATE.; 3. THE QUARRY OPERATOR SHALL PAY TO THE COUNTY OF BUTTE AT THE BEGINNING OF EACH CALENDAR YEAR BEGINNING WITH THE YEAR 1992, A SUM SUFFICIENT TO PAY FOR ONE HALF OF THE COST OF A MONITORING AND ENFORCEMENT OFFICER. SUCH COSTS TO INCLUDE SALARY AND BENEFITS, ADMINISTRATIVE AND OVERHEAD COSTS, TRAVEL COSTS, AND OTHER RELATED COSTS ASSOCIATED WITH THE RESPONSIBILITIES OF MONITORING AND ENFORCING COMPLIANCE BY THE QUARRY OPERATOR.; 4. BLASTING FOR ANY PURPOSES AT THE QUARRY SITE SHALL BE PROHIBITED.; 5. A RECLAMATION PERFORMANCE BOND TN AN AMOUNT OF NOT LESS THAN $250,000 SHALL BE POSTED AND MAINTAINED UNTIL 90 DAYS BEYOND THE EXPIRATION DATE OF THE USE PERMIT UNLESS ALL RECLAMATION HAS BEEN COMPLETED TO THE COUNTY'S SATISFACTION AT AN EARLIER DATE.; 6. RECLAMATION SHALL BE ON GOING, BEGINNING AT THE SOUTHERN EXTREMITY OF THE EXISTING QUARRY MINING OPERATIONS AND WORKING PROGRESSIVELY TO THE NORTH AND EAST INTO THE COAL CANYON AREA. EXCAVATION SHALL NOT BE PERMITTED BEYOND THE SOUTHERN EXTREMITY OF THE EXISTING MINING OPERATIONS EXCEPT THAT WHICH MAY BE INCIDENTAL TO RECLAMATION PROCESSES. THE "CELL" MINING AND RECLAMATION METHOD (SEE APPENDIX F OF THE ETR) SHALL BE UTILIZED WITH EACH EXCAVATED CELL BEING Page 389 December 17, 1991 91-572 December 17. 1991 RECLAIMED AS EXCAVATION PROGRESSES TO THE ADJOINING CELL. THE EXTRACTION OF EACH UNIT OF CELLS SHALL BE LIMITED TO THE CALENDAR YEARS AS FOLLOWS: 1992 (EXTRACTION CELLS E2, 3, 4); 1993 (EXTRACTION CELLS E5, 6, 7); 1994 (EXTRACTION CELLS E8, 9, 10); 1995 (EXTRACTION CELLS E11, 12, 13); AND 1996 (EXTRACTION CELLS E14, 15, 1}. RECLAMATION OF EACH CELL SHALL BE COMPLETED TO THE SATISFACTION OF THE MONITORING AND ENFORCEMENT OFFICER IN THE CALENDAR YEARS AS FOLLOWS: 1992 (RECLAMATION CELLS R2, 3}; 1993 (RECLAMATION CELLS R4, 5, 6); 1994 (RECLAMATION CELLS R7, 8, 9); 1995 (RECLAMATION CELLS R10, 11, 12); AND 1995 (RECLAMATION CELLS R14, 1). RECLAMATION OF RECLAMATION CELL 15, THE HAUL ROAD CORRIDOR, AND THE CORRIDOR ALONG THE RAILROAD AND ITS EXTENSION SHALL BE COMPLETED WITHIN 90 DAYS OF THE EXPIRATION OF THE MINING PERMIT (BY MARCH 31, 1997); 7. DUST CREATED BY ANY EXCAVATION, HAULING, CRUSHING, SCREENING OR OTHER OPERATIONS INCIDENTAL TO THE QUARRY PROCESSES SHALL BE KEPT WITHIN TOLERANCES ESTABLISHED AND APPROVED BY THE BUTTE COUNTY AIR POLLUTION CONTROL OFFICER (BCAPCO). THIS SHALL INCLUDE BUT NOT BE LIMITED TO A WATERING AND/OR MISTING SYSTEM WITH A WATER SUPPLY SUFFICIENT TO CONTROL DUST AT THE QUARRY FACE, CRUSHER AND CONVEYORS SITES AND FOR ANY OTHER OPERATIONS DEEMED APPROPRIATE BY THE BCAPCO.; $. THE OPERATOR SHALL HAVE SURVEYED AND MARKED WITH STEEL STAKES OR POSTS THE BOUNDARIES OF ALL CELLS AS SHOWN ON EXHIBIT A. 9. THE OPERATOR SHALL SUBMIT TO THE COUNTY FOR TTS APPROVAL A RECLAMATION PLAN THAT SHALL INCLUDE BUT NOT BE LIMITED TO GRADING AND SLOPING EXCAVATED AREAS, TERRACING OR STEPPED AREAS, TF NEEDED, WATER BARRIERS OR DIVERSIONS, WATER COURSES, REPLACING TOP SOIL, SEEDING WITH' GRASSES, REPLANTING NATIVE SHRUBS AND TREES AND WATERING AND MAINTENANCE UNTIL GROWTH IS ESTABLISHED.; 10, MONITORING OF ALL OPERATIONS AND RECLAMATION ACTIVITIES SHALL BE DONE BY AN APPROPRIATELY ASSIGNED MONITORING AND ENFORCEMENT OFFICER AND THE BCAPCO. SITE MONITORING SHALL OCCUR DAILY UNTIL SUCH TIME AS THE BOARD OF SUPERVISORS OR ITS DESIGNEE SHALL DECLARE OTHERWISE. ALL VERIFICATIONS SHALL BE PERFORMED BY THE COUNTY ADMINISTRATIVE OFFICE UNTIL SUCH TIME AS THE BOARD OF SUPERVISORS MAY DELEGATE THIS RESPONSIBILITY TO THE DEVELOPMENT SERVICES DEPARTMENT OR ANY OTHER DEPARTMENT DEEMED APPROPRIATE. THE Page 390 December 17, 1991 91-572 December, l7, 1991 MONITORING AND ENFORCEMENT OFFICER SHALL CAUSE ANY OFFENDING OPERATIONS TO CREASE IMMEDIATELY UNTIL SUCH TIME AS THE OPERATIONS ARE IN COMPLIANCE WITH THE MITIGATION MEASURES AND/OR CONDITIONS.; 11. BUTTE COUNTY REAL AND PERSONAL PROPERTY TAXES TO BE KEPT CURRENT.; 12. A FAST GROWING SPECIES OF TREE IS TO BE PLANTED AND MAINTAINED ON THE QUARRY SITE ADJACENT TO THE UNION PACIFIC RAILROAD RIGHT- OF-WAY MAIN LINE (WITHIN EXTRACTION CELLS 1, 2, 3 AND 4).; 13. EQUIPMENT USED ON SITE MAY BE MODERNIZED OR UPGRADED WITH THE PRIOR APPROVAL OF THE MONITORING AND ENFORCEMENT OFFICER. THE MITIGATION MEASURE LIST FROM THE STAFF MEMORANDUM DATED NOVEMBER 18, 1991 SHALL BE MODIFIED IN THE FOLLOWING PARTICULARS: CONDITIONS/MITIGATION MEASURES NOS. 14, 15, 16, 17 (RELATING TO BLASTING) TO BE DELETED SINCE BLASTING WILL NOT BE PERMITTED. DIRECTION TO STAFF THAT THE FINAL MOTION TO INCLUDE CONDITIONS REGARDING HOURS OF OPERATION (NO MORE THAN 12 HOURS PER DAY, 10:00 A.M. TO 10:00 P.M., OR ONE HOUR AFTER SUNRISE TO ONE HOUR BEFORE SUNSET, WHICHEVER IS SHORTER), AND PROCEDURE AND HOURS FOR EMERGENCY OPERATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:02 A.M. RECONVENE: 10:20 A.M. (SUPERVISOR MCLAUGHLIN NOT PRESENT) Public Hearings and Timed Items 91-573 Public hearing - Butte County Board of Supervisors - consideration of various General Plan Amendments and rezoning of properties located within the Durham-Dayton- Nelson planning area. The action also includes policy standards and the designation of the Durham planning area as separate from the Chico planning area. The area is bordered on the east by Highway 99, on the west by the Sacramento River, on the north by the Durham Unified School District northern boundaries, and the Western Canal and the County line in the north. (1656) (**00) (CHAIR DOLAN APPOINTED A BOARD COMMITTEE OF SUPERVISORS FULTON AND HOUR TO CONSIDER THE INPUT RECEIVED AT TODAY' S HEARING, AND TO DEVELOP A PROPOSAL FOR CONSIDERATION BY THE BOARD. HEARING CONTINUED OPEN TO JANUARY 28, 1992 AT 10:00 A.M.) Page 391 December 17, 1991 Decem~ .~7 , 1991 91-574 Public hearing - Paul D. Baker - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impacts) from "U" (unclassified) to TM-3 (timber mountain - three acre parcels), property located on the west side of Shane Court, approximately 700 feet west of Coffey Lane, 900 feet south of Bald Rock Road, AP 062--230-115, 116, north of Chico. (21pq) (SUPERVISOR McLAUGHLIN PRESENT) MOTION: MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED AUGUST 12, 1991; AND A. FIND THAT: 1. AN INITIAL STUDY WAS COMPLETED TN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; 2. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS THAT THE PROJECT MAY HAVE HAD, BUT: A. PROVISIONS IN THE PROJECT PLANS DR PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL EFFECT WOULD OCCUR.; B. THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISED MAY HAVE SIGNIFICANT EFFECT ON THE ENVIRONMENT.; 3. THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.; 4. FIND THAT THE REZONE CONFORMS TO THE POLICIES, INCLUDING THE TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN; AND B. ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND ADOPT ORDINANCE 2975 REZONING TO FR-3 THAT PROPERTY IDENTIFIED AS AP 062-230-115 AND 116 (PAUL BAKER) AND ADOPT RESOLUTION 91-159 APPROVING A CONDITIONAL ZONING AGREEMENT SUBJECT TO THE FOLLOWING CONDITION: 1. PROVIDE PROOF OF ADEQUATE WATER PRIOR TO APPROVAL OF THE TENTATIVE PARCEL MAP. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} 91-575 Continued hearing - Clifford T. Ashby - consideration of General Plan Amendment from medium density residential to commercial and rezone (proposed negative declaration regarding environmental impact) from R-1 (residential) to C-1 (light commercial), property located on the northwest corner of Nord Road and Esplanade, AP 006-170- 028, Chico. {2429) (CHAIR DOLAN APPOINTED A BOARD COMMITTEE OF THE CHAIR AND SUPERVISOR ROUX) MOTION: MOVE TO CONTINUE HEARING CLOSED TO JANUARY 7, 1992. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 392 December 17, 1991 December 17. 1991 91-576 Public hearing - Land's End Real Estate - consideration of a boundary line modification (item determined to be categorically exempt from environmental review), property located on the north side of Renshaw Avenue approximately 3.50 feet west of the Esplanade, identified as AP 006-370- 013, 018, Chico. 2758) MOTION: MOVE TO A. FIND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AND B. FIND THAT THE PROJECT WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF BUTTE COUNTY; AND C. APPROVE THE BOUNDARY LINE MODIFICATION SUBJECT TO THE FOLLOWING CONDITIONS: 1. PREPARE NECESSARY DEEDS FOR RECORDATION. SUBMIT TO DEPARTMENT OF PUBLIC WORKS FOR CHECKING.; 2. VERIFY THAT PARTIAL RECONVEYANCE AND/OR MODIFICATION OF TRUST DEEDS HAS BEEN ACCOMPLISHED, IF NECESSARY.; 3. VERIFY THAT THERE ARE NO DELINQUENT TAXES DUE PRIOR TO RECORDING DEEDS OR MAP.; 4. PREPARE PLAT MAP SHOWING APPROVED BOUNDARY LINE MODIFICATION AND SUBMIT TO DEPARTMENT OF PUBLIC WORKS FOR CHECKING, APPROVAL AND RECORDING.; 5. AFTER RECORDATION OF DEEDS, CONTACT THE ASSESSOR'S OFFICE AND REQUEST THAT THE NECESSARY PARCELS BE COMBINED SO THAT NO NEW PARCELS ARE CREATED.; 6. FILE A RECORD OF SURVEY MAP.; AND 7. SHOW ALL EASEMENTS OF RECORD ON THE FINAL MAP OR PLAT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-577 Public hearing - consideration of an ordinance (1) setting specified Health Department fees including food establishments (new or major remodel + 1000 square feet and remodel), food program (annual permit), medical procedures, underground storage program; (2} setting specified environmental health fees including land divisions, sewage disposal, solid waste collector, public swimming pools, water, land use {preapplication review); and (3) setting specified public health clinic fees including immunizations, tests, and examinations --action requested - ADOPT ONE OF THE PROPOSED FEE SCHEDULES AND AUTHORIZE THE CHAIR TO SIGN AN IMPLEMENTING ORDINANCE. (2841) {***00) MOTION: MOVE TO ADOPT ORDINANCE 2976 IMPLEMENTING OPTION 3, WHICH IS OPTION 2 AMENDED TO REFLECT IMPLEMENTATION DATES OF JANUARY 1, 1992 AND JANUARY 1, 1993. VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) Page 393 December 17, 1991 December 17, 1991 Regular Agenda 91-578 Adoption of an ordinance amending Section 21-99 of Article XIII of Chapter 21 of the Butte County Code, regarding definition of "Main" - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (149) MOTION: MOVE TO ADOPT ORDINANCE 2974 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 91-579 Consideration of a request far a one year extension to January 1, 1993 of the Mountain Oaks Subdivision tentative map. {168) MOTION: MOVE TO REFER THIS REQUEST TO THE ADVISORY AGENCY WITH DIRECTION TO APPROVE AN EXTENSION FOR THE STATUTORY PERIOD OF TIME AFTER THE DEVELOPMENT MORATORIUM IS LIFTED (GOVERNMENT CODE SECTION 66452.6(f)). M S VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion Carried} 91-580 Discussion of water related issues. (SUPERVISORS HOUR AND McLAUGHLIN) (CONTINUED TO LATER TN MEETING) 91-581 Discussion on Sheriff's fingerprinting fees. (303) (NO ACTION TAKEN) 91-582 Discussion on refinancing of the library bonds. (354) MOTION: MOVE TO DIRECT THE TREASURER/TAX COLLECTOR, COUNTY COUNSEL AND THE ADMINISTRATIVE OFFICE TO MOVE FORWARD WITH THE RETIREMENT OF THESE BONDS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-583 Consideration of acquisition of property for construction of new septage ponds adjacent to the Neal Road Landfill. (491) MOTION: MOVE TO AUTHORIZE ACQUISITION OF PROPERTY SUBJECT TO COMPLETION OF ENVIRONMENTAL REVIEW PURSUANT TO CEQA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 394 December 17, 1991 December 17,.1997, 91-584 California Department of Forestry contract deferral repayment - action requested - DECLINE TO ADOPT A RESOLUTION REQUESTING WITHHOLDING AND NOTIFY THE STATE DIRECTOR OF FINANCE OF BUTTE COUNTY'S PRESENT INABILITY TO REPAY THE 1989/90 CDF DEFERRAL. {553} MOTION: MOVE TO DECLINE TO ADOPT A RESOLUTION REQUESTING WITHHOLDING AND NOTIFY THE STATE DIRECTOR OF FINANCE OF BUTTE COUNTY'S PRESENT INABILITY TO REPAY THE 1989/90 CDF DEFERRAL. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) 91--585 Closed hearing - Rolls, Anderson & Rolls, on behalf of Gene F. Camp - consideration of an appeal of the Subdivision Violation Committee's condition (verify legal access to the parcel from a publicly maintained road in compliance with Chapter 20, Section 124 of the Butte County Code) on a conditional Certificate of Compliance, AP 07-02-117 and 119, one lot, property located 800 feet west if Cohasset Road, North Chico area. (555) (CONTINUED TO JANUARY 28, 1992) 91-586 Closed hearing -- Reuel Cameron - consideration of an appeal of the Advisory Agency's denial of a tentative vesting subdivision map (proposed negative declaration with environmental mitigations}, AP 42-16-60, three lots, property located at the northeast corner of Glenwood Avenue and Cameron Lane, Chico area. (568) MOTION: MOVE TO FIND THAT 1. TWO OF THE THREE PARCELS TO BE CREATED HAVE EXISTING DWELLINGS ON THEM; 2. THE PARCELS TO BE CREATED ARE SURROUNDED BY PARCELS OF EQUAL SIZE OR SMALLER, AND ARE ZONED FOR RESIDENTIAL USE; 3. THIS TENTATIVE MAP IS CONSISTENT WITH TENTATIVE MAPS PREVIOUSLY APPROVED IN THIS AREA; 4, THE TENTATIVE MAP LIES AT THE OUTER EDGE OF THE RANCHERO AIRPORT APPROACH ZONE; AND 5. TN VIEW OF THE ABOVE FINDINGS, IT IS FURTHER FOUND THAT CREATION OF THE THREE PARCELS IN QUESTION WILL NOT BE INCOMPATIBLE WITH THE RANCHERO AIRPORT LAND USE PLAN; AND FINDING THAT THE PROPOSED PROJECT CONFORMS TO THE BUTTE COUNTY ZONING AND GENERAL PLAN, MOVE TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WITH ONE MITIGATION MEASURE FINDING THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT PROVIDED THE PROPOSED MITIGATION MEASURE IS COMPLIED WITH, AND MOVE TO UPHOLD THE APPEAL OF THE ADVISORY AGENCY'S DENTAL OF TENTATIVE SUBDIVISION MAP FOR REUEL CAMERON TO CREATE THREE PARCELS ON AP 42-16-60 Page 395 December 17, 1991 -..~ _~~~ 91-586 December 17, 1991 AND APPROVE THE PROJECT FINDING THAT APPROVAL WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE PROVIDING THE REQUIRED CONDITIONS ARE COMPLIED WITH. PUBLIC WORKS CONDITIONS 1 THROUGH 17 SHALL BE THE SAME AS THOSE STATED IN THE LETTER DATED SEPTEMBER 30, 1991 TO MR. AND MRS. REUEL CAMERON FROM THE BUTTE COUNTY SUBDIVISION COMMITTEE. ENVIRONMENTAL HEALTH CONDITIONS 1 THROUGH 9 SHALL BE THE SAME AS THOSE STATED IN THE INTER- DEPARTMENTAL MEMORANDUM DATED OCTOBER 15, 1991 FROM THE ENVIRONMENTAL HEALTH DEPARTMENT TO PUBLIC WORKS. THE MITIGATION MEASURE REQUIRED IS: PLACE A NOTE ON THE ALTERNATE OR ADDITIONAL MAP SHEET OF THE FINAL MAP STATING "AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEMS SHALL BE INSTALLED IN ALL NEW RESIDENTIAL STRUCTURES IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS AND MOBILE HOMES, NFPA STANDARD 13D. THE PURPOSE OF THE INSTALLATION OF SPRINKLER SYSTEMS IS THE ADDITIONAL SAFETY AND PROPERTY PROTECTION IN THE EVENT OF RESIDENTIAL FIRES. THIS INSTALLATION WILL REDUCE THE DEMAND FOR STRUCTURAL FIRE PROTECTION SERVICES IN THOSE INSTANCES WHERE THEY ARE INSTALLED." S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried) 91-587 Proposed Medical Regulation No. R-23-91. MOTION: MDVE THAT THE CHAIR RECEIVED A REQUEST FOR BOARD ACTION ON A PROPOSED MEDI CAL RULE CHANGE, AND THAT INPUT ON THIS DECISION NEEDS TO BE RECEIVED PRIOR TO DECEMBER 31, 1991. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimous~.y Carried) MOTION: MOVE TO APPROVE A LETTER FROM THE BOARD TO THE DEPARTMENT OF HEALTH SERVICES RESPECTFULLY REQUESTING THAT THEY NOT PROCEED WITH IMPLEMENTATION OF R-23-91, TO UNDERTAKE EFFORTS TO WORK WITH THE INDUSTRY AND DISABILITY GROUPS TO ESTABLISH A MORE EQUITABLE MECHANISM, AND AUTHORIZE THE CHAIR TO SIGN, S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 396 December 17, 1991 December 17 ,_ 1991 91-588 Update by Chief Administrative Officer on Sacramento/legislative activities. (709) (BOARD DIRECTION FOR AN ITEM ON THE JANUARY 7, 1992 AGENDA FOR BOARD DISCUSSION ON THE GOVERNORS PROPOSED WELFARE CHANGES} 91--589 Discussion of water related issues. (SUPERVISORS ROUX AND McLAUGHLIN} (CONTINUED TO JANUARY 7, 1992) 91-590 SUPERVISOR MCINTURF ANNOUNCED A NOR CAL GENERAL MEMBERSHIP MEETING IN BUTTE COUNTY ON APRIL 9 , 10 AND 11, 1992. 91-591 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Herbert Witt, Regional Inspector General for Audit Services, State Department of Health and Human Services - forwards notification that the desk review of the audit report on the County of Butte, limited to Federal funds awarded by the U.S. Department of Health and Human Services (HHS}, has been completed, and no findings ar recommendations far resolution by HHS were identified - action requested - REFER TO AUDITOR-CONTROLLER AND WELFARE DIRECTOR. b. Kathryn Gualtieri, State Historic Preservation Officer, State Office of Historic Preservation - forwards notice of a public hearing on February 7, 1992 at 9:00 a.m. in Room 2040 in the State Capitol, Sacramento, for consideration by the State Historical Resources Commission of the W. W. Durham House, Durham for nomination to the National Register of Historic Places - action requested - ACCEPT FOR INFORMATION. c. Mary Andrews, Mayor, City of Chico -forwards notice of a meeting on Tuesday, January 14, 1991 at 4:00 p.m. in conference room 1 of the Chico Municipal Center to review the Chico Urban Area 20 Year Transportation Improvement Plan and the Butte County Congestion Management Plan - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER, PLANNING DIRECTOR, PUBLIC WORKS DIRECTOR, AND AIR POLLUTION CONTROL OFFICER. Page 397 December 17, 1991 ,~ December 17. 1991 91-592 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) {NONE) 91-593 CLOSED SESSION: The Board recessed to closed session at 12:50 p.m. for the purpose of actual litigation pursuant to Government Code Section 54956.9 (a) (Turner, Richter, Cearley and Lind v. County of Butte, and Bach v. Wheeler). (870) RECONVENE: The Board reconvened at 1:12 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9 (a) (Turner, Richter, Cearley and Lind v. County of Butte, and Bach v. Wheeler). (NO ANNOUNCEMENTS) WIL a By. Page 398 December 17, 1991 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 1:12 p.m. to reconvene on Tuesday, January 7, 1992 at 9:00 a.m.